Kathmandu. The land of Chhayadevi Complex is in the news after being dragged into a controversy related to cultural heritage. However, the B. S. Documents from 1967 B. S. prove that the land is private and not public.

First Ground of 1967 Legal Rights

In 1967 B. S., there was no constitution and rule of law in Nepal as it is now. The country was governed by the orders of the rulers under the Rana regime and the dictate of Shree 3 Maharaj was considered to be the highest legal basis. Under this system, B. S. On 26th February 1967, by the decree of Shree 3 Maharaj (Chandra Shumsher), about 26 ropanis of land belonging to Lord Guthi was transferred in the name of Keshar Shumsher. Since such an order was applicable as a law during the Rana regime, it is clear that it established the legal right and enjoyment of the land of Keshar Shumsher.

In the historical context, in the year 1967, only Kohiti, Maruhiti and Thahiti were specifically defined in Kathmandu and most of the rest of the land was distributed on the basis of state or dictate orders. So far, no law has been made to nullify such a right established by the decree of the rulers. Therefore, it is irrational in itself to call the land legally obtained from the decree as government or public today.

The then judge of the Kathmandu District Court, Bijaya Pratap Rana, The judgment dated May 25, 2030 had legally confirmed that the land had gone to the name of Keshar Shumsher. Similarly, the decision of the Central Regional Court of 2031 BS upheld the decision of the district court and a bench of Justices Gamma Dutta Tiwari and Jagannath Upadhyay had also given the final verdict that Keshar Shumsher was the occupant of the land. According to the judgment of the Regional Court, the letter from the Guthi Sansthan and the letter of the Guthi Sansthan B. S. The contents of the letter written to the court on Shrawan 30, 2028 BS have made it clear that the record was registered in the name of Keshar Shumsher.

The same decision shows that the tenant and the landowner who acquired the land are Keshar Shamsher himself. Thus, after the letter of the Guthi Sansthan and the court verdict have confirmed that both the tenant and the landowner are Keshar Shumsher, there is no place for this land to be made public.

Legal status of land ownership and transfer of title

In the legal history of Nepal, B. S. The provision of making a formal land ownership certificate started only in the year 2021. According to the rule of law, once the state gives the land to someone, for that land to become government or public, either the concerned heir has to give up his right, or the government has to give up the ownership (nationalization) by giving compensation. In the case of the land of Chhayadevi Complex, neither the landowner has given up the right nor has the government politicized it. Since both of these things have not been done, it is another irrefutable legal basis that the land of the Shadow Center is private and not public. If the right is not transferred legally, it is not possible for the court to nationalize this land even if it wants.

The commentary that is being made that the historical pond that has no road is now a historical pond in the market is just a complete misconception and rumor. If there was a historical or public pond in the place where the present Chhayadevi Complex is located, then in ancient times there should have been a public road or road to reach it. Although other historical ponds in the capital (such as Ranipokhari, Kamal Pokhari, etc.) had a public way to travel from all sides, this place did not even have a trail road in the past.

By the year 1977 B. S., Keshar Shumsher had surrounded the area with a high wall and included it in his private palace premises. Since then, the entry of the public was completely closed and there is no evidence in the history of any public religious activities, jatras, festivals or community programs being held there.

Maheshwar Shrestha, a resident of Asan in Kathmandu, who is also the managing director of Chhayadevi Complex, said that after the construction of the complex, the road was built by the businessmen themselves by purchasing it from the surrounding landowners for commercial purposes. The road used to enter the Chhayadevi Complex was also constructed only after duly purchasing it from Guthi and local Panchalal Maharjan. The fact that the road to enter the complex has to be built by purchasing it privately proves that this place was earlier a completely closed land within a private area, where there was no public access.

In the year 1967 B. S., the decree of Shree 3 B. S. In 2030 B. S., the District Court and In 2031 B. S., the historic verdict of the Regional Court, the Guthi Sansthan’s own records, the legal provisions regarding land ownership and historically the lack of public roads prove that the land built in the Chhayadevi Complex is completely privately owned land. Therefore, without any historical or legal basis, this land cannot be called public only on the basis of rumors spread in the market and false interpretations. It has become clear legally and practically that this land is not public under any circumstances.